Jamie Peguada, the applicant for Latin Drinks, asked the Shelbyville Beer Board on Thursday for permission to sell beer at a permanent concession on private property at the Shelbyville Flea Market. The board deferred the application after staff said the proposed operation as described in the packet does not clearly meet Tennessee licensing definitions.

Why it matters: Tennessee law sets specific categories of premises that may receive on-premises alcohol permits and ties some permissions to a minimum seating capacity and whether prepared food is served. The board said it could not determine from the current application whether Latin Drinks is a limited-service restaurant, a concession stand, or must pursue a catering/special-event permit, and it deferred the matter to allow the applicant to provide clarified plans and to coordinate with the health department and codes staff.

Board discussion and key facts: The applicant described the business as “an enclosed, small area, and we would only function on Saturday and Sunday from 10 to 4,” and said staffing would be limited to her and her husband. The health-permit document in the board packet lists a seating capacity of 20; board staff told members that a limited-service restaurant under Tennessee rules typically requires seating for at least 40 and that snack items such as “chips, popcorn, pretzels, peanuts, and similar snack items shall not be included” when calculating prepared-food revenue for the required food-sales test.

City staff advised the board that the applicant’s current plan — a permanent concession-style tiki hut selling prepackaged snacks and beer and spiked smoothies — may not qualify for a beer-on-premises permit unless the facility meets one of the state’s enumerated categories (for example, a limited-service restaurant) or the operator secures a separate catering or special-event license. Staff also said some mobile or concession formats in Tennessee operate under catering licenses and that a catering license can limit the number of events per year. The board and staff repeatedly urged the applicant to present a fixed business plan and clarified seating/egress drawings so state and local reviewers can determine which license applies.

Outcome and next steps: The board voted to defer the application. No mover/second were recorded on the audio; the clerk announced the item would be returned at the next scheduled meeting. The applicant was directed to work with the Shelbyville health department and codes staff to update capacity numbers, clarify whether food will be prepared on-site, and confirm whether the pavilion/railing configuration will provide the containment the state expects for on-premises consumption. The board noted that if the vendor intends only occasional sales (pop-ups), a series of special-event permits may be required instead of a permanent beer permit.

Applicant and staff quotes: “It’s an enclosed, small area, and we would only function on Saturday and Sunday from 10 to 4,” Jamie Peguada said when asked to describe the business. Mr. Jim, a staff member who advised the board on statutory distinctions, told members, “For purposes of determining gross revenue from the sale of prepared food, chips, popcorn, pretzels, peanuts, and similar snack items shall not be included in the gross revenue from the sale of prepared food sold.”

Context and practical guidance: Board members and staff emphasized three items the applicant must clarify before the board acts again: (1) whether the operation will prepare food on-site or sell only prepackaged snacks; (2) whether the seating/contained area can reach the 40-person threshold cited in state guidance for a limited-service restaurant; and (3) whether the operator intends a permanent weekly presence (which requires a permanent permit) or occasional events (which may require special-event or catering permits). The applicant and a representative of the flea-market ownership told the board the pavilion campus can hold more than 100 people and that the tiki concession plus adjacent seating occupies roughly six booth spaces; staff said those counts must be clearly shown on updated health- and site-permit documents.

What was not decided: The board did not approve or deny the beer permit; it deferred the matter to allow follow-up with the health department and codes staff. No new license was issued and no fines or disciplinary actions were discussed.

Timestamps/evidence: The initial application and testimony began with the board’s new-business item on the Latin Drinks permit; the board deferred the matter at the end of the item and set the next meeting date (October 8) for follow-up.